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Fairfield Partition Lawyers

Fairfield is a city located in the northeastern portion of the San Francisco Bay Area in Solano County, California. When problems with joint ownership arise, then people who live and work in Fairfield may reach out to an experienced Fairfield Partition Lawyer to solve the problem, and divide their interests through a forced sale of property.

Generally, Fairfield Partition Attorneys usually find partition action to be the best remedy for disputing joint owners in four broad categories:

  • Parent-Child shared tenants in common in real estate; 
  • Brother-Sister shared tenants in common in real estate; 
  • Investor-Investor shared tenants in common in real estate; and 
  • Significant others shared tenants in common in real estate; 

The partition laws in California are found in Code of Civil Procedure section 872.010, and those statutes apply in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership property when the court determines that a partition is a suitable remedy. (CCP § 872.730.) Section 872.730 puts in writing prior case law to the effect that partition is an appropriate remedy where the affairs of the partnership are otherwise sufficiently settled and what remains is the division or sale of the property. (see Assembly Legislative Committee Comment to Code Civ. Proc. § 872.730). In a partnership dissolution action, a court has authority to make a distribution of partnership real property in kind when it is not necessary to hold a sale to satisfy partnership obligations. (Logoluso v. Logoluso (1965) 233 Cal. App. 2d 523, 530.) When there is uncertainty about the sale of a partition asset, an experienced Fairfield Partition Attorney may be invaluable.

An knowledgeable Fairfield Partition Lawyer will also join all persons having or claiming interests of record (including liens) in the estate as to which partition is sought; these persons must be joined as defendants if they are actually known to the plaintiff or reasonably apparent from an inspection of the property. (CCP § 872.510). Further, a person whose joinder will not deprive the court of jurisdiction over the subject matter of the action must be joined as a party in the action if either (a) his or her absence will prevent complete relief, or (b) he or she claims an interest relating to the property and their absence may impair or impede his or her ability to protect that interest or leave any of the parties subject to a substantial risk of incurring more liability, (CCP § 389(a).)

Fairfield was founded in 1856 by Robert Waterman, a clipper-ship captain who had bought the grant in 1850, named the city for his hometown in Connecticut, and donated 16 acres for new county buildings and in 1860 a brick county courthouse and jail when voters moved the county seat from Benicia to Fairfield in 1858. In 1942, Travis Air Force Base was built east of Fairfield providing a tremendous boost to the local economy, which continues today. Major employers include Travis Air Force Base, County of Solano, Solano Town Center, Anheuser-Busch Brewery, and Jelly Belly Candy Company.

At the Underwood Law Firm, our Berkely Partition Attorneys are well versed in the legal remedy of partition, and the accounting portion, and are ready to assist you.

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